etc. amended. appeal from commissioner and taxation. SECTION 6. Section seventy-one of said chapter sixty- G. L. 63, § 71, three, as amended by chapter one hundred and twentythree of the acts of nineteen hundred and twenty-one and by section two of chapter three hundred and thirty-nine of the acts of nineteen hundred and twenty-two, is hereby further amended by striking out, in the fifth line, the word "ten" and inserting in place thereof the word: thirty, and by inserting after the word "commonwealth" in the twelfth and thirteenth lines the words: - with interest at the rate of six per cent per annum from the time of payment, so as to read as follows: Section 71. Except as Taxation of otherwise provided, any party aggrieved by any decision of corporations, the commissioner upon any matter arising under this chapter decisions of from which an appeal is given, may apply to the board of of corporations appeal from decisions of the commissioner within thirty days after notice of his decision. Said board shall hear and decide the subject matter of such appeal, and give notice of its decision to the commissioner and the appellant; and its decision shall be final and conclusive as to questions of fact, although payments have been made as required by the decision appealed from. Any overpayment of tax determined Overpayments by decision of said board of appeal shall be reimbursed by bursed, etc. the commonwealth with interest at the rate of six per cent per annum from the time of payment. Taxes, excises, costs Abatement of or expenses of any kind assessed upon any corporation, com- uncollectible pany or association, except a municipal corporation, under taxes, excises, the provisions of this chapter or corresponding provisions of earlier laws, which are unpaid and are uncollectible, may be abated by the board of appeal on the recommendation of the attorney general and commissioner at any time after the expiration of five years from the date when the same became payable. Approved April 29, 1926. to be reim unpaid and etc. AN ACT PROVIDING FOR CLERICAL ASSISTANCE FOR THE Chap.288 TRIAL JUSTICE IN THE TOWN OF LUDLOW. Be it enacted, etc., as follows: section after § 17. ance for trial Chapter two hundred and nineteen of the General Laws G. L. 219, new is hereby amended by inserting after section seventeen the following new section: Section 17A. The trial justice in Clerical assistthe town of Ludlow shall annually be allowed for clerical justice in town assistance in his office a sum not exceeding five hundred of Ludlow. dollars to be paid by the county of Hampden, subject to the approval of the county commissioners thereof. Approved April 29, 1926. AN ACT TO PROVIDE FOR THE CARE AND TREATMENT OF Chap.289 CERTAIN PERSONS WHO RECEIVE PENSIONS, ANNUITIES OR Be it enacted, etc., as follows: Chapter thirty-two of the General Laws is hereby amended G. L. 32, § 92, by striking out section ninety-two and inserting in place amended. Pledge, mort gage, sale, etc., of pensions, etc., from public funds to be void. Penalty. Expense of supporting persons receiving such pensions, etc., upon becoming public charges to be deducted from such pensions, etc. Chap.290 G. L. 182, § 1, amended. Definitions. thereof the following section: - Section 92. Any pledge, mortgage, sale, assignment or transfer of any right, claim or interest in any pension, annuity or retirement allowance from the commonwealth or any county, city, or town shall be void. Whoever is a party to such pledge, mortgage, sale, assignment or transfer of any right, claim or interest in any pension, annuity or retirement allowance or pension certificate from the commonwealth or any county, city or town, or holds the same as collateral security for any debt or promise, or upon any pretext of such security or promise, shall be punished by a fine of not more than one hundred dollars. If a person receiving a pension, annuity or retirement allowance becomes a charge upon the commonwealth, or any county, city or town thereof, the expense incurred by the commonwealth, or any such county, city or town, for his maintenance and support shall, unless otherwise paid, be deducted from such pension, annuity or retirement allowance as it becomes due and payable, and the amount of such deduction shall thereupon be paid to the department, board, commission or officer by whom or under whose authority such expense was incurred. Approved April 29, 1926. AN ACT RELATIVE TO CERTAIN TRUSTS. Be it enacted, etc., as follows: SECTION 1. Section one of chapter one hundred and eighty-two of the General Laws is hereby amended by adding at the end thereof the following new paragraph: When used in the first seven sections of this chapter, the word "trust" shall mean a trust operating under a written instrument or declaration of trust, the beneficial interest under which is divided into transferable certificates of participation or shares, other than a trust established for the sole purpose of exercising the voting rights pertaining to corporate stock or other securities in accordance with the terms of a written instrument, so as to read as follows: Section 1. The following words, as used in this chapter, “Association”. shall have the following meanings: "Association", a voluntary association under a written instrument or declaration of trust, the beneficial interest under which is divided into transferable certificates of participation or shares. "Commissioner", the commissioner of corporations and taxation. "Department". "Department", the department of public utilities. When used in the first seven sections of this chapter, the word "trust" shall mean a trust operating under a written instrument or declaration of trust, the beneficial interest under which is divided into transferable certificates of participation or shares, other than a trust established for the sole purpose of exercising the voting rights pertaining to corporate stock or other securities in accordance with the terms of a written instrument. "Commissioner". "Trust" as used in first seven sec tions, etc. etc., amended. SECTION 2. Section two of said chapter one hundred and G. L. 182, § 2, eighty-two, as amended by chapter two hundred and seventytwo of the acts of nineteen hundred and twenty-two, is hereby further amended by inserting after the word “association" in the second, fourth and ninth lines in each instance the words: or trust, so as to read as follows: Section Copies of declarations of copy trust, etc., of associations or trusts to be 2. The trustees of an association or trust shall file amended. SECTION 3. Section three of said chapter one hundred and G. L. 182, § 3, eighty-two is hereby amended by inserting after the word 'association" in the first line the words: - or trust, SO trust, etc., of associations or etc., gas or trusts owning, electric company stock to as to read as follows: - Section 3. The trustees of an Copies of association or trust who own or control a majority of the declarations of capital stock of a gas or electric company shall also file a copy of the written instrument or declaration of trust creating it with the department and shall also within thirty days after the adoption of any amendment of such instrument or be filed, etc. declaration file a copy thereof with the department. Every Penalty. such trustee who fails to comply with the foregoing requirements shall be punished by a fine of not more than five hundred dollars or by imprisonment for three months. SECTION 4. Section four of said chapter one hundred and G. L. 182, § 4, eighty-two is hereby amended by inserting after the word amended. 'association" in the first line the words - or trust, So as trusts owning, gas or electric to read as follows:- Section 4. The trustees of an associ- Annual statements by assoation or trust who own or control a majority of the capital ciations or stock of a railroad, street railway, gas or electric company ., railroad, shall annually on or before April first file with the commis- street railway, sioner and with the department a statement showing the company stock. number of shares of such company owned or controlled by them and the stockholders of record on the books of such company in whose names such shares are held. Every such Penalty. trustee who fails to comply with this section shall be punished by a fine of not more than five hundred dollars or by imprisonment for three months. SECTION 5. Section six of said chapter one hundred and G. L. 182, § 6, eighty-two is hereby amended by inserting after the word amended. 'association" in the first and fourth lines in each instance associations or the words: - or trust, - so as to read as follows: Sec- Suits against tion 6. An association or trust may be sued in an action trusts, etc. at law for debts and other obligations or liabilities contracted or incurred by the trustees, or by the duly author Attachment of property. Service of process. G. L. 182, § 7, amended. Examination, etc., of books, accounts, etc., ized agents of such trustees, or by any duly authorized officer of the association or trust, in the performance of their respective duties under such written instruments or declarations of trust, and for any damages to persons or property resulting from the negligence of such trustees, agents or officers acting in the performance of their respective duties, and its property shall be subject to attachment and execution in like manner as if it were a corporation, and service of process upon one of the trustees shall be sufficient. SECTION 6. Section seven of said chapter one hundred and eighty-two is hereby amended by inserting after the word "association" in the third line the words: or trust, so as to read as follows:- Section 7. The department may by its members or duly authorized employees investiof associations gate and examine the books, accounts, contracts, records and memoranda of the trustees of any association or trust, who own or hold the capital stock or any part thereof of a railroad, street railway, electric railroad or elevated railway corporation or gas or electric company, and may require said trustees to furnish such reports and information as the department shall from time to time direct with respect to the relations and dealings between such trustees and any such corporation or company. Approved April 29, 1926. or trusts owning or holding capital stock of certain public service corporations or companies. Reports and information, etc. Chap.291 AN ACT ESTABLISHING THE FEES FOR THE INSPECTION OF G. L. 146, § 22, amended. Fees for inspection of boilers by division of inspection of department of public safety. BOILERS BY THE DIVISION OF INSPECTION OF THE DEPART- Be it enacted, etc., as follows: Section twenty-two of chapter one hundred and forty-six of the General Laws is hereby amended by striking out, in the second line, the word "five" and inserting in place thereof the word: ten, and by striking out, in the fourth line, the word "two" and inserting in place thereof the word: five, so as to read as follows: Section 22. The owner or user of a boiler inspected by the division shall pay to the commissioner ten dollars for each boiler internally and externally inspected, and two dollars for each visit for external inspection under steam, and five dollars for each cast iron sectional boiler inspected. The commissioner shall pay to the commonwealth all sums so received. Approved April 29, 1926. Chap.292 AN ACT RELATIVE TO SETTLEMENTS OF CERTAIN PERSONS. Be it enacted, etc., as follows: G. L. 116, § 5, etc., amended. Chapter one hundred and sixteen of the General Laws, as amended in section five by chapter four hundred and seventy-nine of the acts of nineteen hundred and twenty-two and by chapter thirty-four of the acts of nineteen hundred and twenty-five, is hereby further amended by striking out said section and inserting in place thereof the following:Section 5. Except as otherwise provided in this section, continuance, each settlement existing on August twelfth, nineteen hun Settlements of certain persons, loss, etc. tutions not dred and eleven, shall continue in force until defeated under AN ACT PROVIDING FOR THE RECONSTRUCTION OF THE EAST SAUGUS BRIDGE OVER THE SAUGUS RIVER BETWEEN THE Be it enacted, etc., as follows: of soldiers, Chap.293 commissioners Saugus bridge SECTION 1. The county commissioners of the county of Essex county Essex, subject to all provisions of law applicable thereto, are may reconhereby authorized, whenever in their judgment it will best struct East serve the public interest, to reconstruct East Saugus bridge, over Saugus so-called, over the Saugus river at Lincoln avenue and Saugus and partly in the town of Saugus and partly in the city of Lynn, Lynn. including the approaches thereto. river between cost and County treas urer may bor- SECTION 2. The cost and expenses incurred under this Limitation and act shall not exceed the sum of twenty-five thousand five payment of hundred dollars, and shall be paid in the first instance by expenses. the county of Essex. The treasurer of said county, with the approval of the county commissioners, may borrow by a temporary loan or loans on the credit of the county such sums not exceeding the said amount as may from time to time be required to meet the cost and expenses aforesaid, including interest, and may issue notes of the county therefor and may sell such notes at public or private sale upon such etc. |